..... allowance from his employer. the assessee claimed that the above amount was not liable to be included in the computation of his income from salary in view of the provisions of section 10(13a) of the income-taxact, 1961 ('the act'). the income-tax officer rejected this claim of the assessee on the ground that during the relevant period the assessee resided in a flat owned ..... b.p. saraf, j.1. by this reference, at the instance of the revenue, the following question of law has been referred by the income-tax appellate tribunal, mumbai, to this court for opinion under section 256(1) of the income-taxact, 1961 :'whether, on the facts and in the circumstances of the case and in law, the tribunal was right in holding that the ..... of the accounting years relevant to the assessment years 1980-81 and 1981-82 was not liable to be included in the total income of the assessee for those two assessment years under section 10(13a) of the income-taxact, 1961, even though the assessee resided in his own house in those two years ?'2. the assessee is an individual. the assessment years ..... , learned counsel for the revenue, who submits that the controversy now stands resolved by insertion of the explanation to clause (13a) of section 10 of the income-taxact, 1961, with retrospective effect from april 1, 1976, by the taxation laws (amendment) act, 1984. the assessee, though served, is not represented. we have considered the submission of mr. desai. section 10(13a) of the .....

..... to the ex-employees was incurred wholly and exclusively in connection with the sale of the property of the business of the assessee allowable under section 48(i) of the income-taxact, 1961 ?'2. the material facts giving rise to this reference are as under : the asses-see, who was carrying on the business of exhibiting films, closed its business in march ..... 1. by this reference under section 256(1) of the income-taxact, 1961, the income-tax appellate tribunal, bombay bench, mumbai, has referred the following question of law to this court for opinion at the instance of the revenue :'whether, on the facts and in the ..... as on january 1, 1954, at rs. 7,31,000 and assessed the capital gains at rs. 11,24,999. in ascertaining the capital gains, the assessee claimed before the income-tax officer that as the assessee had paid rs. 74,687 as retrenchment compensation to the ox-employees of the assessee, which was a condition precedent to the sale of the ..... , 1972, and the property consisting of land and building was sold. the assessment which was originally made on september 18, 1978, was set aside and fresh assessment was made. the income-tax officer, who was asked to make a fresh assessment, referred the matter for valuation of the property to the valuation officer. on the basis of the valuation report, the .....

..... it would amount to an abuse of the process of the court. reference may be made to decision in the king v. the general commissioners for the purpose of the incometaxacts for the district of kengsington, 1917(1) kings's bench division 486 where the court refused a writ of prohibition without going into the merits because of suppression of material ..... person in lawful possession. it is not mandatory that for mere asking such relief should be given. injunction is a personal right under section 41(j) of the specific relief act, 1963; the plaintiff must have personal interest in the matter. the interest of right not shown to be in existence, cannot be protected by injunction'13. shri r.v. kamat ..... law. in ram rattan's case, the apex court has held that a true owner has every right to dispossess or throw out a trespasser while he is in the act or process of trespassing, but this right is not available to the true owner if the trespasser has been successful in accomplishing his possession to the knowledge of the true .....

..... under section 148 read with section 147 of the incometaxact, 1961, it would not be valid and proper. shri bodke wanted to submit that the inquiry whether the action contemplated is under section 147(a) or under section 147(b ..... revenue receipts. this can, hardly, be a ground for reopening assessment under section 147 read with section 148 of the incometaxact, 1961 as it then was.13. incometaxact is a taxing statute. the provisions of this act will have to be construed strictly. therefore, unless there is a clear case, which would give the assessing officer to exercise the jurisdiction to reopen the assessment ..... taxable and accepted the contention of the assessee without proper application of mind, he has jurisdiction to re-open the case under section 147 read with section 148 of the income-taxact.4. section 147, as it stood before the amendment, which came into effect from 1-4-1989, was as under:'if (a) the assessing officer has reason to believe that ..... a capital asset and the amount received by her is in the nature of capital receipt. hence not taxable under the incometaxact, 1961.'in the assessment year 1985-86, the petitioner disclosed in the incometax as well as in the wealth tax returns that she has received a sum of rs. 3,22,936/- from m/s. zuari agro chemicals ltd., in consideration .....

..... b.p. saraf, j.1. by this reference under section 256(1) of the income-taxact, 1961, at the instance of the revenue, the income-tax appellate tribunal has referred the following question of law to this court for opinion ;'whether, on the facts and in the circumstances ..... the relevant accounting period, the liability did not accrue or arise during the year under consideration.3. the assessee appealed to the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) held that the agreement did not become effective in the relevant previous year in the absence of the approval of the central ..... under consideration. so far as the controversy in regard to the nature of the expenditure is concerned, the tribunal remanded the matter to the commissioner of income-tax (appeals) for deciding afresh on the merits whether the expenditure was capital or revenue. the revenue is aggrieved by the finding of the tribunal that ..... that count itself, the claim of the assessee for deduction was not allowable. in view of the above finding, the commissioner of income-tax (appeals) did not consider whether the expenditure in question was capital or revenue expenditure.4. the assessee went in further appeal to the ..... income-tax appellate tribunal ('the tribunal'). so far as the accrual of the liability is concerned, the tribunal held that the approval of the .....

..... this reference are as under :the assessee is a limited company. in the draft assessment order, which was forwarded by the income-tax officer to the inspecting assistant commissioner under sub-section (4) of section 144b of the income-taxact, 1961 ('the act'), the income-tax officer had proposed disallowance of the claim of deduction of rs. 1,36,639 on account of commission to persons whose ..... allowed in the assessment order in consequence of the direction of the inspecting assistant commissioner under section 144b it was not open to the commissioner of income-tax to exercise his jurisdiction under section 263 of the income-taxact, 1961, in respect of that part of the assessment order ?'2. this reference pertains to the assessment year 1978-79. the material facts giving rise ..... names were not disclosed. the inspecting assistant commissioner, after considering the order and the objections of the assessee, directed the income-tax officer to allow the above claim for deduction ..... b.p. saraf, j.1. by this reference under section 256(1) of the income-taxact, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion at the instance of the revenue:'whether, on the facts and in the circumstances of the .....

..... and in the circumstances of the case, the tribunal was right in law in holding that the assessee was entitled to the deduction under section 80v of the income-taxact, 1961, of rs. 58,000 forthe assessment year 1976-77, rs. 44,500 for the assessment year 1977-78 and rs. 55,445 for the ..... 1, 1976. for the assessment year 1977-78, he found that nothing was withdrawn from the firm for payment of taxes. nothing was, therefore, allowed as deduction under section 80v of the income-taxact, 1961 ('the act'). for the assessment year 1978-79, he found the position to be the same as in 1977-78. there ..... no nexus between the borrowing and the payment of taxes. he, therefore, submitted that interest paid on monies borrowed ..... interest paid by the assessee on money borrowed for payment of taxes after the coming into force of section 80v. he also submitted that deduction under section 80v of the act is allowable only if the amount is borrowed specifically for payment of taxes under the income-taxact. according to him, in the instant case, there is ..... dr. b.p. saraf, j. 1. by this reference under section 256(1) of the income-taxact, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion at the instance of the revenue : 'whether, on .....

..... provision of remuneration and perquisite to the employee-director of the company is to be computed under the provisions of section 40(c) and not section 40a(5) of the income-taxact, 1961 ?' this reference pertains to the assessment year 1980-81.2. so far as the controversy in question no. 2 is concerned, learned counsel for the parties are agreed that ..... for higher investment allowance even though the mandatory condition that the required certificate from the prescribed authority should be furnished along with the return of income, as laid down in section 32a(2b)(ii) of the income-taxact, 1961, had not been fulfilled ? 2. whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding ..... b.p. saraf, j.1. by this reference under section 256(1) of the income-taxact, 1961, the income-tax appellate tribunal, has referred the following questions of law to this court for opinion at the instance of the revenue :'1. whether, on the facts and in the circumstances of ..... for issuance of the necessary certificate. later, on receipt of the certificate, the assessee furnished the same to the income-tax officer in the course of assessment proceedings. the income-tax officer, however, held that since clause (ii) of section 32a(2b) of the act required the assessee to furnish the certificate along with the return, the requirement of that clause was not fulfilled and .....

..... by the litigants while seeking equitable relief from the court. these principles are laid down in the case of the king v. the general commissioners for the purposes of the incometaxacts for the district of kensington, reported in 1917 king's bench division page 486. therein the following principles are laid down by viscount reading, c.j. :--'before i proceed ..... assertion.' thereafter again the supreme court in the case of s.p. chengalvaraya naidu v. jagannath, reported in : air1994sc853 observed as follows :'kuldip singh, j.:---'fraud- avoids all judicial acts, ecclesiastical or temporal' observed chief justice edward coke of england about three centuries ago. it is the settled proposition of law that a judgment or a decree obtained by playing ..... the four cheques for encashment in the petitioner's bank. these cheques were dishonoured. therefore, the petitioner has filed a criminal case under section 138 of the negotiable instruments act. further it is stated that initially the petitioner did not suspect the bonafides of the respondent and believed the version of the respondent in regard to the reason for deferred ..... parte relief. in this application prayer is made for appointment of a provisional liquidator for taking over the management of the assets and properties of the respondent company and to act as official liquidator of the respondent. prayer clause (b) and (c) are as follows :(b) to restrain the respondent company viz., the golden oil industries (p) ltd. from transferring .....

..... the first and the third applicants by their advocate's letter dated 14th february, 1996, gave statutory notice of winding up to sant. thereafter in december, 1998, there was an incometax raid at the premises of the aroras. the applicants, therefore, reminded sant to give certified copies of the balance sheet of sant for accounting purposes. therefore, it is stated that ..... concern. now that prosperity of the firm is foreseeable this speculative application has been filed.14. to further establish his case, mr. dwarkadas referred to various other provisions of the act. section 114 provides for share warrants. section 114(3) makes it transferable by delivery. section 41 defines member. by virtue of section 41, sub-section (2) name must be ..... every company shall, within two months after the application for registration of the transfer of any shares, deliver in accordance with the procedure laid down in section 53 of the act, the certificates of all shares transferred. the transfer must be duly stamped. this section also provides that the transfer must be otherwise valid and does not include any transfer ..... , 1998, the court appointed ms. haresh upendra & co., as the chartered accountants for assisting the official liquidator in preparing his report as required under section 394 of the companies act, 1956. the official liquidator submitted his report on 30th november, 1998. in this report is clearly stated that the transferor company is a wholly owned subsidiary of the transferee company .....